Hernandez

MEMORANDUM *

Todd Anthony Hernandez (“Hernandez”) was convicted in the United States District Court, District of Hawaii, of conspiring to distribute 500 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 846 , 841(a)(1), and 841(b)(1)(A); and of distributing 500 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(A) and 18 U.S.C. § 2 . Hernandez received an enhanced sentence of 262 months on each count, to be served concurrently. This appeal followed, and we affirm.

We find no error in the district court’s denial of Hernandez’s motion to dismiss the indictment on account of government misconduct. First, notwithstanding any alleged perjured testimony before the grand jury, there was “sufficient non-perjurious testimony ... to support the indictment,” and therefore dismissal on that ground was not justified. See United States v. Claiborne, 765 F.2d 784, 791 (9th Cir.1985), abrogated on other grounds, Ross v. Oklahoma, 487 U.S. 81 , 108 S.Ct. 2273 , 101 L.Ed.2d 80 (1988). Nor was *939 dismissal warranted by the government’s failure to provide the grand jury with all available impeachment evidence, as “prosecutors have no obligation to…